Marchand v. Griffon - 140 U.S. 516 (1891)


U.S. Supreme Court

Marchand v. Griffon, 140 U.S. 516 (1891)

Marchand v. Griffon

No. 124

Argued and submitted December 19, 1890

Decided May 25, 1891

140 U.S. 516

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

In Louisiana, a married woman, sued upon a promissory note signed by her and defending upon the ground that the debt contracted in her name did not enure to her benefit or the benefit of her separate estate, has the burden of proof to establish that defense.

A married woman having been authorized by her husband and a district court in Louisiana to borrow money and to give her note secured by mortgage on her separate property for its repayment, is not estopped thereby from setting up, in an action on the note and mortgage, that the debt did not enure to her benefit or the benefit of her separate estate, and from averring and showing facts which constitute a fraud upon her in law, although the word fraud is not used in her plea, and if it appear

Page 140 U. S. 517

that the holder of the note and mortgage had advanced the money to the husband knowing it to be for his sole benefit, neither the wife nor her property would be bound for its payment.



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